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although they do forbid mixed marriages, appear to be more concerned with marriage between Christian girls and pagan priests. 257 As such, this letter does not support Linder's claim that Ambrose had influence in the specific case of this law; if Ambrose had been instrumental, we would at least have expected the law to prohibit marriage between Christians and all non-Christians, and not just Jews. Ambrose was a correspondent of Cynegius, but there is no evidence that Ambrose was able to exert any influence over Cynegius and indeed there is only one letter from the Bishop to the Prefect and that concerns Cynegius’ niece. 258 A more likely explanation for this law however is suggested by the relationship between Christians and Jews in Antioch. Wilken has suggested that the Jews had considerable advantages over the Christians (at least in Antioch) during the latter part of the fourth century, due especially to the popular cult of the (Jewish) Maccabean martyrs whose relics were appropriated by the Christians. 259 This sense of unease is reflected by the strong language used by John Chrysostom in the eight homilies he delivered against Judaizers in 387. Cynegius was touring the east for a second time in the year up to his death in March 388 and therefore even if he did not hear Chrysostom, it seems certain that he would have been aware of the contemporary concern that Judaism was simply too close to Christianity for comfort. 260 However, despite the harshness and therefore the great disapproval with which mixed marriages were viewed by Church and state, the law does not indicate whether the punishment should be restricted to only one religious group and therefore it should be presumed that when it came to paying for the crime, Jews and Christians were to be treated equally. Moreover, a prohibition on mixed marriage may well have 257 Canons 15-17 258 Ambr. Ep. 19 (Beyenka Ep. 35) PL 16.982-994; Ambrose certainly appears to have had no time for the Jews or Judaism, but his influence over Theodosius and his court has recently been shown to be desperately lacking, if not virtually non-existent, by McLynn (1994) 298-309 259 Wilken (1983) 88-94, 88-90 on the cult of the Maccabean Martyrs. 260 Joh. Chrys. Hom iliae adv ersus Iudaeos 1-8 PG 48; Harkins (1979); see also Parkes (1934) 163-166 253
een welcomed by both communities, even if the punishment was severe; Ambrose used injunctions from the Old Testament to justify his opposition to mixed marriages and it seems perfectly possible, if not likely, that his colleagues in the Jewish priesthood would have shared that desire to keep marriages within the community, based, as it was, on the same scriptures. 261 CTh. 13.5.18 of 18 February 390 was addressed to Alexander, Augustal Prefect of Egypt and was considerably milder than the previous. 262 It exempted the Jews and Samaritans, as a “group” from the performance of liturgies relating to sea transport because, it reasoned, if liturgies were imposed on groups, no specific person would be responsible for their execution. Instead, the law ordered that those individuals from the Jewish and Samaritan group who were wealthy enough to bear liturgies should do so individually. 263 Essentially therefore, this law treated Jews and Samaritans as the same as other groups and indeed may be evidence of positive tolerance from Theodosius' government if, as seems reasonable to assume, Jews and Samaritans had been collectively obliged by the authorities to perform such liturgies. CTh. 16.8.8 of 17 April 392 was addressed to Tatianus, Praetorian Prefect of the East and was considerably advantageous to the Jewish establishment and leadership. 264 It is fortunate that, although this law is fairly short, it gives the reasons for its issuance. It refers to “complaints of the Jews” which indicate that persons who had been “cast out” by the Jewish authorities were being “restored to their sect by the 261 See King (1961) 117 and Coleman Norton (1966) 416-417 gives the references from the Old Testament which prohibit cross community marriages. 262 Alexander 12 PLRE 1.42; Honoré’s (1998) 59-70 E9, Virius Nicomachus Flavianus 263 iudaeorum corpus ac sam aritanum ad nav iculariam functionem non iure v ocari cognoscitur; quidquid enim univ erso corpori v idetur indici, nullam specialiter potest obligare personam . unde sicut inopes v ilibusque com m erciis occupati nav iculariae translationis m unus obire n on debent, ita idoneos facultatibus, qui ex his corporibus deligi poterunt ad praedictam functionem , haberi n on oportet inm unes 264 Flavius Eutolmius Tatianus 5 PLRE 1.876-878; Honoré’s (1998) 73-76 E11 254
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Religious Intolerance in the Later
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The Valentiniani: Valentinian I 364
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intolerance; indeed, on this model,
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commissioners in an equally short a
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cannot be excluded, with the conseq
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Constantine and the Church CTh. 16.
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CTh. 16.2.4 of 3 July 321 was addre
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emphasis on local elites serving th
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laws.” 32 Then the law changed it
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superstitioni an official stamp of
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tones; there was little room for fa
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and not to “heretics and schismat
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natural law. The law also refers to
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existing (lost) law. The law prohib
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addressees own sensibilities certai
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little to suggest that Constantius
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does say in simpler terms). But wha
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exercise an undue influence, or pow
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valued moderation in law. An inscri
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16.10.2 that the earlier prohibitio
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that Magnentius was favourable to p
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August 339. The language of the law
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poen a capitis “capital punishmen
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CTh 9.16.5 of 4 December 357, which
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high rank” were exempt from tortu
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loyalty to his faith and emperor an
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privilege and also to the types of
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and therefore as exempt because it
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the use of fraudulent tricks,” 20
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administrative arrangement such as
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Conclusion The surviving legislatio
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Chapter 2: Constantine and the Dona
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confined to the east, ordered sacri
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their deaths as well as organising
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Constantine ordered the restoration
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eferences to clerics who did not co
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that, considering the letters prese
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pronounced Caecilian’s good name
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had not conformed to the judgement
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sacred religion”. It looks as if,
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intensity and range of such ‘shar
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of God was such that even at this l
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and therefore Caecilian’s enthron
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Donatists’ case against Caecilian
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Although in this letter the bulk of
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the instructions of a greater (and
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Nevertheless the next step was inde
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was not an agent for the Church, bu
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possibly to impose a curfew on them
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Therefore, the persecutions proved
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e under, although he did draw atten
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Church was always regarded as valid
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“heresy and schism proceeds from
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Chapter 3: The Valentiniani Jovian:
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Alexandria and, moreover, Jovian sa
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clerics who had been banished by Co
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unknown, but Jovian did receive suc
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n ecks of his subjects to his ow n
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also included those of “adequate
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determine whether “such extreme h
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account of the day of Easter, which
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From his legislation it seems fairl
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Continents” from visiting the hom
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CTh 16.2.21 of May 371 was addresse
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that Ursinus himself was exiled, bu
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In order for the “greatest harmon
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Olybrius and Aginatius and the dupl
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each of their successors, Ampelius
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either by divine providence or by n
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ark was worse than its bite, is mos
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he was about to launch a campaign a
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province, and it’s grain, against
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Valentinian and Heretics CTh 16.5.3
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Urban Prefect, but it may well be r
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for his cruelty when he was Procons
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AVGGG. No title is given for Euther
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to in CTh. 9.16.9. Also, and at the
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Valens 364-378 In contrast to his b
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the clergy who engaged in business
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The effects of CTh 16.2.19 may well
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under Valens. 202 Lenski’s argume
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evealed a bigger plot by an ex gove
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two cases show that Constantine's C
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Modestus returned the next day to e
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Conclusion Modestus thus appears to
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CTh 16.2.23 of 17 May 376 was issue
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CTh. 15.7.8 of 8 May 381 was issued
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have been necessary for the actress
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The law “condemn[ed] the false do
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matters of ecclesiastical disciplin
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deserved” 273 which was that he s
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More interesting though is the atta
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stated in this law, would have been
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property to another who would then
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facilitating the conversion of Chri
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Heretics appear to have been the gr
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against apostates; 5 nine were on p
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“smitten first by divine vengeanc
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expectation for the future progress
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sanctity of the divine law commit s
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9.38.3 of 367 Valentinian had order
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have been disinclined to give him o
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emperor said that “A bishop is no
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Constantinople council also arrange
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contributed to its composition. Ind
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Const. Sirm. 3 of 4 February 384 to
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laws prescribe” i.e. with torture
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ecause this amnesty refers to freei
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eaction to a perceived assault on t
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loyalty to Theodosius. It would be
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for replacements on the councils. 1
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dismissive attitude towards Christi
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advantage and all judges that it sh
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interestingly, the law (or more acc
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monasteries had been established in
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Page 237 and 238: Tatianus. 151 The law prohibited ap
Page 239 and 240: also “ignored the admonition of t
Page 241 and 242: Conclusion: Theodosius and the Chur
Page 243 and 244: the legislation on monks in the cod
Page 245 and 246: Theodosius and Heretics. As has alr
Page 247 and 248: giving a list of bishops as had bee
Page 249 and 250: hold unlawful assemblies within the
Page 251 and 252: espond to an immediate need and was
Page 253 and 254: einforce the illegality of such ass
Page 255 and 256: monasticism. In its introductory pa
Page 257 and 258: control of the west from the usurpe
Page 259 and 260: opening: om n es om n in o “all p
Page 261 and 262: The law then went on to detail the
Page 263 and 264: ishops if they had fraternised with
Page 265 and 266: and without the Catholic faith “w
Page 267 and 268: eginning of Theodosius' reign. Firs
Page 269 and 270: although it should be noted that no
Page 271 and 272: whether the law should indeed be ta
Page 273 and 274: property. Like that previous law, t
Page 275 and 276: Although it does not actually say s
Page 277 and 278: with clubs and condemned to deporta
Page 279 and 280: CTh. 16.5.23 of 20 June 394 was iss
Page 281 and 282: natural loss of the texts (which do
Page 283 and 284: Theodosius and Judaism Theodosius o
Page 285: CTh. 3.7.2 of 14 March 388 was also
Page 289 and 290: forbidden by no law.” As such, Th
Page 291 and 292: society, they were, in some sense,
Page 293 and 294: CTh. 16.7.2 of 20 May 383 was addre
Page 295 and 296: “profane holy baptism” they wer
Page 297 and 298: this law, were members of Flavianus
Page 299 and 300: eign, to genuinely attempt to maint
Page 301 and 302: protect all festivities that were t
Page 303 and 304: aspect of this law is that Dexter i
Page 305 and 306: immediately be compelled to pay fif
Page 307 and 308: “political clumsiness in the timi
Page 309 and 310: Such a manner of reading this law m
Page 311 and 312: cities. Decurions and defenders wer
Page 313 and 314: Conclusion - Theodosius As has been
Page 315 and 316: matter and nature of the law, then
Page 317 and 318: thereby, perhaps, it was thought th
Page 319 and 320: Mommsen, T. (1870) “Carm en codic
Page 321 and 322: The Interlinear King James V - New
Page 323 and 324: Secondary Sources Adler, C. and Sin
Page 325 and 326: Wisconsin. (1982) Society an d the
Page 327 and 328: Edwards, M. (2004a) “Rom anitas a
Page 329 and 330: Green, R.P.H. (1991) The Works of A
Page 331 and 332: 55 (1949) “The Roman civil servic
Page 333 and 334: Lockwood, R. (1989) “Poten s et F
Page 335 and 336: al.294-303. Nixon, C.E.V. (1998)
Page 337 and 338:
Shaw, B. (1992) “African Christia
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Wiseman, T.P. and Holdsworth, C. (e
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emphasised that they amount to less
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A non-partisan emperor or individua
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